ABDUL GAFOOR Vs. IIND ADDL D J NAINITAL

JUDGEMENT

(1.) SUDHIR Narain, J. This writ petition is directed against the judgment and decree passed by the Judge Small Causes Court dated 6-2-1991 and the order passed by respondent No. 1 affirming the decision of the trial court vide order dated 5-12-1995.

(2.) THE property in dispute is known as 'cow shed,' THE plaintiff-respondent No. 3 filed suit for recovery of arrears of rent, ejectment and damages against the petitioner on the allegation that his father was a tenant of the disputed accom modation at a monthly rent of Rs. 37. 50 and after the death of petitioner's father, the petitioner stopped payment of monthly rent from January 1987. THE plaintiff sent a composite notice dated 4th July 1988 demanding arrears of rent-with effect from 1st January 1987 and terminating his tenancy. This notice was received by the petitioner on 8th Julv 1988. He did not comply with the notice, Respondent No. 3 thereafter filed Suit ;4o. 11 of 1988 in the court of Judge Small Causes, District Nainital.

(3.) LEARNED counsel for the petitioner urged that the lease was admittedly granted in the name of Allah Bakhsh, grand-father of the petitioner, on 1-12-1926 for a period of 30 years. The lease was executed by the Secretary of State for India in Council by virtue of Rules made under Section 280 of the Cantonments Act, 1924 as the Cantonment Authority of the Nainital Cantonment. This lease deed was for a term of 30 years from 1st December, 1926. The lease could be renewed after expiry of 30 years.